Asked in Patents (Intellectual Property)

Q: how can I extend a patent from Brazil to US??

1 Lawyer Answer
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: The way to expand your rights beyond the original country of filing is to file a US application within 12 months of filing of the first application. Under the Paris Convention, you can file in the US and the priority date of the later filed US application will be the same as the earlier filed Brazilian application.

Another option is to file an application in the Patent Cooperation Treaty system (PCT). Again this must be done within 12 months of filing your first application. If you file a PCT application, that will delay the need to file in the US and more than 150 other countries until 30 months after the initial application was filed in Brazil.

Generally, if you are only going to file in one or two countries beyond the original country, then people will normally file at 12 months via the Paris Convention. If there is a chance that you will want to eventually enter many countries and will want to defer that expenditure, then the PCT application is the route to go.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.